As much as it pains me to use that title, I am going to push myself to maintain self-control as best as possible.
This week, it came to light that you reduced the sentence of Rojano-Nieto who anally raped his 3 year old relative, tearing her anal tissue.
You characterized this rape as, “the manner in which this offense was committed is not typical of a predatory, violent brutal sodomy of a child case."
Sir, there is no such thing as 'typical' sodomy of a child. Most sexual abusers are not considered 'predatory' - meaning, that they plot ahead of time to abuse their victims. Most abusers are, in fact, 'situational' offenders that identify the opportunity to rape, and take advantage of that opportunity. Situational offenders terrify me, in many ways, more than predatory - because at least most predatory offenders establish a sequence of grooming that can be identified, while situational offenders often can show no signs of their intentions. So, the fact that you are in a position of authority to decide how much sooner this man should be back into society and you do not appreciate the threat of this type of abuse, scares me. Just as many other judges before you and now in court, are very much unaware of the particulars involving child sexual abuse and sexual assault.
"“in an instant, he (the defendant) reacted to a sexual urge and stopped almost immediately after he put his penis in (the victim’s) anus. Within seconds of commencing his offense, he realized the wrongfulness of his act and stopped without ejaculating. Although serious and despicable, this does not compare to a situation where a pedophilic child predator preys on an innocent child. There was no violence or callous disregard for (the victim’s) well being.”
No doubt when the child cried in pain, this man realized - not that what he was doing was wrong, but that this girl was most certainly going to tell her mother - a child does not experience the pain of an adult male's penis penetrating his or her anus, vagina, or mouth without major discomfort and often damage to their body.
This is a grown man - has he been the victim of some sort of brain damage that at his age he was unaware of 1. the wrongness of sexually abusing a child and 2. the fact that his penis would most certainly inflict pain into the small anus of a 3 year old toddler? Lets make that clear - a child that is probably less than 3 feet tall and under 30 pounds.
Sir, I don't know if you have children, but I do. I started this organization because when I realized how precious and innocent every child was, and how often they were being sexually abused, I had to do something. It pains me every day and I have trouble sleeping often, because of my awareness of this silent epidemic. You mock their pain. You belittle the mission of the many that work to prevent this abuse, prosecute offenders, and help heal survivors.
Perhaps, you think, this young child will simply 'bounce back' from this traumatic incident. But I assure you, it is rarely so simple. As she grows up, she will realize with a mature understanding how she was violated. She will consider your judgement with the compassion of a grown adult, and she will feel re-victimized by your truly callous disregard for her well-being.
I can't imagine you looking into the innocent eyes of this young girl and explaining to her that what was done to her was not abhorrent enough for you. I cannot imagine your thought process of this man being back into society - more than young enough to violate numerous children.
Do you honestly think this was the first time he has ever sexually assaulted a person? Do you think that he was so 'unlucky' to be caught the very first time?
Are you so willfully blind to reality that you can put a higher value on his desire to be free than the right of children to be safe from harm?
I don't know the answer to these questions, and no doubt you do not either because you most likely have never thought about it.
You, sir, are not fit to serve the citizens of Orange County, California or anywhere else.
Letters may be sent to:
Judge Michael Marc Kelly, Orange County Superior Court, Central Justice Center, 10th Floor, Dept. C39,700 Civic Center Drive West, Santa Ana, CA 92701 (Phone: 657-622-5239)
Presiding Judge, 4050 Main Street, Riverside, CA 92501
The Commission on Judicial Performance, 455 Golden Gate Ave., Suite 14400, San Francisco, CA 94102-3660, (Phone: 415-557-1200)
Kamala Harris, Attorney General, California Department of Justice, P.O. Box 944255, Sacramento, CA 94244-2550